The relevant question, then, is not whether the Landrum-Griffin Act preempts the criminal prosecution of defendant's breach of his fiduciary duty. It is, rather, whether the Landrum-Griffin Act preempts the criminal prosecution of defendant's use of the mails in connection with a scheme to defraud his labor union. I hold that the Landrum-Griffin Act does not preclude such a prosecution, for I find nothing in the language or the legislative history of the Landrum-Griffin Act reflecting any congressional intent to preempt application of the mail fraud statute. Cf. United States v. Weatherspoon, supra (identical approach used to uncover congressional intent). Although 29 U.S.C. § 501(c) specifically lists a number of federal crimes which involve breaches of fiduciary responsibility, there is nothing in this subsection which suggests that this additional federal criminal statute replaces or supersedes preexisting federal statutes. Defendant argues, however, that the legislative history sheds additional light on congressional intent. In particular he quotes from the Senate Report to the Landrum-Griffin Act: "there are no general laws imposing criminal penalties upon those who enter into conflicts of interest in breach of fiduciary duties. Before adopting extreme measures it is wise to see whether milder sanctions are sufficient." (1959) U.S.Code Cong. & Ad.News, pp. 2318, 2332. As I have noted, defendant has misconceived the nature of the Government's charges. I am not called upon here to judge the result of a prosecution for mere breach of a fiduciary duty. Nor need I decide here whether in light of the legislative history, the "mild sanction" of 29 U.S.C. § 501(b) exclusively regulates such behavior. In any event, this legislative history cannot be relied upon to preempt application of the mail fraud statute in this case. Such an "extreme measure" was adopted by Congress to regulate fraudulent behavior far more serious than a breach of fiduciary duty.

The conduct which the Government alleges to be a violation of the mail fraud statute is therefore quite different conduct from that which is regulated by the Landrum-Griffin Act. In order to avoid an unjustifiable interference with the government's ability to preserve the integrity of the post office department, see United States v. Mandel, 591 F.2d at 1358, defendant Stout's motion to dismiss Counts 2 through 49 of the indictment is denied.
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